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What are my rights? Texas

10-10-2006, 06:36 AM

I was in a car accident Aug.12th of this year.. I was out of work for a month do to injuries from that accident.. I was told by my specialist that I was cleard to go back to work but on light duty considering I had a broken heel bone and it was non weight bearing.. I was told by the office manager if you cant walk you cant work.. I am a medical billing specialist so I do have a sit down job.. It didnt make since to me.. but then days later she called me back and told me I could come to work but only for about 20 hours a week.. which was fine because I was still trying to get back to myself.. Well I its a month later and I have had another specialist appointment and was told to stay off my foot for 2 days which put me off work for two days.. I did have a note from the specialist stating this.. I got a call from my office manager saying not to come back to work.. Just stay out and call her at the end of the month to see if I am better.. The specialist said it was ok for me to go to work after 2 days and she says I cant come back.. Is there anything that can be done about that? Please Help me!!!!

For FMLA to be applicable, we would need to know: How big is your employer? Do they have 50 employees within a 75 mile radius? How long have you been there?

If they are large enough and you have been there more than 1 year, your absenses could possibly fall under federally-mandated leave of 12 weeks...however, it is unpaid leave. And your job is only guaranteed to be held for those 12 weeks.

Companies in Texas are not required to accommodate beyond FMLA and ADA guidelines. Many don't accommodate outside-of-work accidents at all. Employers do not legally have to abide by dr's notes/orders.

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